Replacement. Upon receipt by the Company of evidence reasonably satisfactory to it of the loss, theft, destruction or mutilation of any Warrant Certificate, and, in case of loss, theft or destruction, of indemnity or security reasonably satisfactory to it, and reimbursement to the Company of all reasonable expenses incidental thereto, and upon surrender and cancellation of the Warrants, if mutilated, the Company will make and deliver a new Warrant Certificate of like tenor, in lieu thereof.
Appears in 13 contracts
Sources: Warrant (Daybreak Oil & Gas, Inc.), Warrant Agreement (Daybreak Oil & Gas, Inc.), Representative's Warrant Agreement (Marchex Inc)
Replacement. Upon receipt by the Company of evidence reasonably satisfactory to it the Company of the loss, theft, destruction or mutilation of any this Warrant Certificate, and, and (a) in the case of any such loss, theft or destruction, destruction upon delivery of indemnity or security reasonably satisfactory to it, and reimbursement to the Company in form and amount or (b) in the case of all reasonable expenses incidental theretoany such mutilation, and upon surrender and of such Warrant for cancellation at the principal office of the Warrants, if mutilatedCompany, the Company Company, at its expense, will make execute and deliver a new Warrant Certificate of like tenordeliver, in lieu thereof, a new Warrant.
Appears in 4 contracts
Sources: Warrant Agreement (Pw Eagle Inc), Warrant Agreement (Sentry Technology Corp), Warrant Agreement (Nutraceutical International Corp)
Replacement. Upon On receipt by the Company of evidence reasonably satisfactory to it the ----------- Company of the loss, theft, destruction destruction, or mutilation of any this Warrant Certificate, and, in the case of loss, theft theft, or destruction, on delivery of any indemnity agreement or security bond reasonably satisfactory to it, in form and reimbursement amount to the Company or, in the case of all reasonable expenses incidental theretomutilation, and upon on surrender and cancellation of the Warrants, if mutilatedthis Warrant, the Company at its expense will make execute and deliver deliver, in lieu of this Warrant, a new Warrant Certificate of like tenor, in lieu thereof.
Appears in 4 contracts
Sources: Warrant to Purchase Common Stock (SQL Financials International Inc /De), Warrant Agreement (Clarus Corp), Warrant Agreement (Interep National Radio Sales Inc)
Replacement. Upon On receipt by the Company of evidence reasonably satisfactory to it the Company of the loss, theft, destruction or mutilation of any this Warrant Certificate, and, in the case of loss, theft or destruction, on delivery of an indemnity agreement, or security bond reasonably satisfactory to it, in form and reimbursement amount to the Company or, in the case of all reasonable expenses incidental theretomutilation, and upon on surrender and cancellation of the Warrants, if mutilatedthis Warrant, the Company Company, at its expense, will make execute and deliver deliver, in lieu of this Warrant, a new Warrant Certificate warrant of like tenor, in lieu thereof.
Appears in 4 contracts
Sources: Series J Convertible Preferred Stock Purchase Agreement (Viacell Inc), Stock Purchase Agreement (Genzyme Corp), Warrant Agreement (Viacell Inc)
Replacement. Upon On receipt by the Company of evidence reasonably satisfactory to it the Company of the loss, theft, destruction or mutilation of any this Warrant Certificate, and, in the case of loss, theft or destruction, on delivery of an indemnity agreement or security bond reasonably satisfactory to it, in form and reimbursement amount to the Company or, in the case of all reasonable expenses incidental theretomutilation, and upon on surrender and cancellation of the Warrants, if mutilatedthis Warrant, the Company Company, at its expense, will make execute and deliver deliver, in lieu of this Warrant, a new Warrant Certificate of like tenor, in lieu thereof.
Appears in 4 contracts
Sources: Subordinated Convertible Note and Warrant Purchase Agreement (Nimblegen Systems Inc), Subordinated Convertible Note and Warrant Purchase Agreement (Nimblegen Systems Inc), Warrant Agreement (Advanced Switching Communications Inc)
Replacement. Upon receipt by the Company of evidence reasonably satisfactory to it of the loss, theft, destruction or mutilation of any Warrant Certificate, and, in case of loss, theft or destruction, of indemnity or security reasonably satisfactory to it, and reimbursement to the Company of all reasonable expenses incidental thereto, and upon surrender and cancellation of the any Warrants, if mutilated, the Company will make and deliver a new Warrant Certificate of like tenor, in lieu thereof.
Appears in 4 contracts
Sources: Underwriter's Warrant Agreement (Connecticut Valley Sports Inc), Underwriter's Warrant Agreement (Aviation Group Inc), Underwriter's Warrant Agreement (Epi Technologies Inc/De)
Replacement. Upon On receipt by the Company of evidence reasonably satisfactory to it ----------- the Company of the loss, theft, destruction or mutilation of any this Warrant Certificate, and, in the case of loss, theft or destruction, on delivery of an indemnity agreement, or security bond reasonably satisfactory to it, in form and reimbursement amount to the Company or, in the case of all reasonable expenses incidental theretomutilation, and upon on surrender and cancellation of the Warrants, if mutilatedthis Warrant, the Company Company, at its expense, will make execute and deliver deliver, in lieu of this Warrant, a new Warrant Certificate of like tenor, in lieu thereof.
Appears in 3 contracts
Sources: License and Option Agreement (Orchid Biosciences Inc), License Agreement (Orchid Biosciences Inc), Warrant Agreement (Phytera Inc)
Replacement. Upon receipt by the Company of evidence reasonably satisfactory to it the Company of the loss, theft, destruction or mutilation of any this Warrant Certificate, and, in the case of any such loss, theft or destruction, upon delivery of an indemnity or security agreement reasonably satisfactory to it, in form and reimbursement amount to the Company Company, or in the case of all reasonable expenses incidental theretoany such mutilation, and upon surrender and cancellation of the Warrants, if mutilatedsuch Warrant, the Company will make execute and deliver a new Warrant Certificate of like tenordeliver, in lieu thereof, a new Warrant of like data and tenor.
Appears in 3 contracts
Sources: Note Purchase Agreement (Sunlink Health Systems Inc), Subscription Agreement (Interland Inc), Warrant Agreement (Data Return Corp)
Replacement. Upon On receipt by the Company of evidence reasonably satisfactory to it the Corporation of the loss, theft, destruction or mutilation of any this Warrant Certificate, and, in the case of loss, theft or destruction, on delivery of an indemnity agreement or security bond reasonably satisfactory to it, in form and reimbursement amount to the Company Corporation or, in the case of all reasonable expenses incidental theretomutilation, and upon on surrender and cancellation of the Warrants, if mutilatedthis Warrant, the Company Corporation, at its expense, will make execute and deliver in lieu of this Warrant, a new Warrant Certificate warrant of like tenor, in lieu thereof.
Appears in 2 contracts
Sources: Warrant Agreement (Apollo Real Estate Investment Fund Ii L P), Warrant Agreement (Nexthealth Inc)
Replacement. Upon On receipt by the Company of evidence reasonably satisfactory to it the Company of the loss, theft, destruction or mutilation of any this Warrant Certificate, and, in the case of loss, theft or destruction, on delivery of an indemnity agreement or security bond reasonably satisfactory to it, in form and reimbursement amount to the Company or, in the case of all reasonable expenses incidental theretomutilation, and upon on surrender and cancellation of the Warrants, if mutilatedthis Warrant, the Company at its expense will make execute and deliver deliver, in lieu of this Warrant a new Warrant Certificate of like tenor, in lieu thereof.
Appears in 2 contracts
Sources: Integrated Circuit Agreement (Chaparral Network Storage Inc), Warrant Agreement (Chaparral Network Storage Inc)
Replacement. Upon On receipt by the Company of evidence reasonably satisfactory to it the Company ----------- of the loss, theft, destruction destruction, or mutilation of any this Warrant Certificate, and, in the case of loss, theft theft, or destruction, on delivery of any indemnity agreement or security bond reasonably satisfactory to it, in form and reimbursement amount to the Company or, in the case of all reasonable expenses incidental theretomutilation, and upon on surrender and cancellation of the Warrants, if mutilatedthis Warrant, the Company at its expense will make execute and deliver deliver, in lieu of this Warrant, a new Warrant Certificate of like tenor, in lieu thereof.
Appears in 2 contracts
Sources: Warrant Agreement (Interep National Radio Sales Inc), Warrant Agreement (Interep National Radio Sales Inc)
Replacement. Upon On receipt by of evidence reasonable satisfactory to the Company of evidence reasonably satisfactory to it of the loss, theft, destruction destruction, or mutilation of any this Warrant Certificate, and, in case the event of losssuch occurrence, theft on delivery of an indemnity agreement or destruction, of indemnity or security bond reasonably satisfactory to it, in form and reimbursement amount to the Company or, in the case of all reasonable expenses incidental theretomutilations, and upon on surrender and cancellation of the Warrants, if mutilatedthis Warrant, the Company Company, at the Warrant Holder’s expense, will make execute and deliver deliver, in lieu of this Warrant, a new Warrant Certificate of like tenor, in lieu thereof.
Appears in 2 contracts
Sources: Warrant Agreement (Basin Water, Inc.), Warrant Agreement (Basin Water, Inc.)
Replacement. Upon receipt by the Company of evidence reasonably satisfactory to it the Company of the loss, theft, destruction or mutilation of any this Warrant Certificate, and., in the case of any such loss, theft or destruction, upon delivery of an indemnity or security agreement reasonably satisfactory to it, in form and reimbursement amount to the Company Company, or in the case of all reasonable expenses incidental theretoany such mutilation, and upon surrender and cancellation of the Warrants, if mutilatedsuch Warrant, the Company will make execute and deliver a new Warrant Certificate of like tenordeliver, in lieu thereof, a new Warrant of like date and tenor.
Appears in 2 contracts
Sources: Warrant Agreement (Bellicum Pharmaceuticals, Inc), Warrant Agreement (Bellicum Pharmaceuticals, Inc)
Replacement. Upon receipt by the Company of evidence reasonably satisfactory to it of the loss, theft, destruction or mutilation of any Warrant Certificate, and, in case of loss, theft or destruction, of indemnity or security reasonably satisfactory to it, and reimbursement to the Company of all reasonable expenses incidental thereto, and upon surrender and cancellation of the WarrantsWarrant, if mutilated, the Company will make and deliver a new Warrant Certificate of like tenor, in lieu thereof.
Appears in 1 contract
Replacement. Upon receipt by the Company of evidence reasonably satisfactory to it the Company of the loss, theft, destruction or mutilation of any this Warrant Certificate, and, in the case of any such loss, theft or destruction, upon delivery of an indemnity or security agreement reasonably satisfactory to it, in form and reimbursement amount to the Company or, in the case of all reasonable expenses incidental theretoany such mutilation, and upon surrender and cancellation of the Warrants, if mutilatedsuch Warrant, the Company at its expense will make execute and deliver a new Warrant Certificate of like tenordeliver, in lieu thereof, a new warrant of like date and tenor.
Appears in 1 contract
Sources: Common Stock Purchase Warrant (IndiePub Entertainment, Inc.)
Replacement. Upon receipt by the Company of evidence reasonably reason-ably satisfactory to it of the loss, theft, destruction or mutilation of any Warrant Certificate, and, in case of loss, theft or destruction, of indemnity or security reasonably satisfactory to it, and reimbursement to the Company of all reasonable expenses incidental thereto, and upon surrender and cancellation of the Warrants, if mutilated, the Company will make and deliver a new Warrant Certificate of like tenor, in lieu thereof.
Appears in 1 contract
Replacement. Upon receipt by the Company of evidence reasonably satisfactory to it the Company of the loss, theft, destruction or mutilation of any a Warrant Certificate, and, and (a) in the case of any such loss, theft or destruction, destruction upon delivery of indemnity or security reasonably satisfactory to it, and reimbursement to the Company in form and amount or (b) in the case of all reasonable expenses incidental theretoany such mutilation, and upon surrender and of such Warrant for cancellation at the principal office of the Warrants, if mutilatedCompany, the Company Company, at its expense, will make execute and deliver a new Warrant Certificate of like tenordeliver, in lieu thereof, a new Warrant.
Appears in 1 contract
Replacement. Upon On receipt by the Company of evidence reasonably satisfactory to it the Company of the loss, theft, destruction destruction, or mutilation of any this Warrant Certificate, and, in the case of loss, theft or destruction, on delivery of any indemnity agreement or security reasonably bond reasonable satisfactory to it, in form and reimbursement amount to the Company or, in the case of all reasonable expenses incidental theretomutilation, and upon on surrender and cancellation of the Warrants, if mutilatedthis Warrant, the Company Company, at its expense, will make execute and deliver deliver, in lieu of this Warrant, a new Warrant Certificate of like tenor, in lieu thereof.
Appears in 1 contract
Replacement. Upon On receipt by the Company of evidence reasonably satisfactory to it the Company of the loss, theft, destruction or mutilation of any this Warrant Certificate, and, in the case of loss, theft or destruction, on delivery of any indemnity agreement or security bond reasonably satisfactory to it, in form and reimbursement amount to the Company or, in the case of all reasonable expenses incidental theretomutilation, and upon on surrender and cancellation of the Warrants, if mutilatedthis Warrant, the Company at its expense will make execute and deliver deliver, in lieu of this Warrant a new Warrant Certificate of like tenor, in lieu thereof.
Appears in 1 contract
Replacement. Upon receipt by the Company of evidence reasonably satisfactory to it the ----------- Company of the loss, theft, destruction or mutilation of any this Warrant Certificate, and, and (i) in the case of loss, any such loss theft or destruction, upon delivery of indemnity or security reasonably satisfactory to it, and reimbursement to the Company in form and amount, or (ii) in the case of all reasonable expenses incidental theretoany such mutilation, and upon surrender and of such Warrant for cancellation of at the Warrants, if mutilatedPrincipal Executive Office, the Company will make shall promptly execute and deliver a new Warrant Certificate of like tenordeliver, in lieu thereof, a new Warrant.
Appears in 1 contract
Replacement. Upon receipt by the Company of evidence reasonably satisfactory to it the Company of the loss, theft, destruction or mutilation of any this Warrant Certificate, and, and (in the case of loss, theft or destruction, ) upon delivery of an indemnity or security agreement (with surety if reasonably required) in an amount reasonably satisfactory to itthe Company, and reimbursement to or (in the Company case of all reasonable expenses incidental thereto, and mutilation) upon surrender and cancellation of the Warrants, if mutilatedthis Warrant, the Company will make and deliver a new Warrant Certificate of like tenorissue, in lieu thereof, a new Warrant of like tenor.
Appears in 1 contract
Replacement. Upon receipt by the Company of evidence reasonably satisfactory to it the ----------- Company of the loss, theft, destruction or mutilation of any this Warrant Certificate, and, and (a) in the case of any such loss, theft or destruction, destruction upon delivery of indemnity or security reasonably satisfactory to it, and reimbursement to the Company in form and amount or (b) in the case of all reasonable expenses incidental theretoany such mutilation, and upon surrender and of such Warrant for cancellation at the principal office of the Warrants, if mutilatedCompany, the Company Company, at its expense, will make execute and deliver a new Warrant Certificate of like tenordeliver, in lieu thereof, a new Warrant.
Appears in 1 contract
Replacement. Upon receipt by the Company of evidence reasonably satisfactory to it of the loss, theft, destruction or mutilation of any Warrant Certificate, and, in case of loss, theft or destructiondestruction of this Warrant, and of indemnity or and/or security reasonably satisfactory to it, and reimbursement to the Company of all reasonable expenses incidental thereto, and or upon surrender and cancellation of the Warrants, this Warrant if mutilated, the Company will make and deliver a new Warrant Certificate of like tenor, in lieu thereof.of this Warrant. This Warrant shall be promptly canceled by the Company upon the surrender hereof in connection with any transfer or
Appears in 1 contract
Replacement. Upon receipt by the Company of evidence reasonably satisfactory to it the Company of the loss, theft, destruction or mutilation of any this Warrant Certificate, and, and (in the case of loss, theft or destruction, ) upon delivery of an indemnity or security agreement (with surety if reasonably required) in an amount reasonably satisfactory to itthe Company, and reimbursement to or (in the Company case of all reasonable expenses incidental thereto, and mutilation) upon surrender and cancellation of the Warrants, if mutilatedthis Warrant, the Company will make and deliver a new Warrant Certificate of like tenorissue, in lieu thereof., a new Warrant of like tenor.
Appears in 1 contract
Replacement. Upon receipt by the Company of evidence reasonably satisfactory to it ----------- the Company of the loss, theft, destruction or mutilation of any this Warrant Certificate, and, and (i) in the case of loss, any such loss theft or destruction, upon delivery of indemnity or security reasonably satisfactory to it, and reimbursement to the Company in form and amount, or (ii) in the case of all reasonable expenses incidental theretoany such mutilation, and upon surrender and of such Warrant for cancellation of at the Warrants, if mutilatedPrincipal Executive Office, the Company will make Company, at its expense, shall execute and deliver a new Warrant Certificate of like tenordeliver, in lieu thereof, a new Warrant.
Appears in 1 contract
Sources: Common Stock Subscription Agreement (Solopoint Inc)